General District Zoning Cheat Sheet Initial zoning and rezoning of property included in the application that would allow uses in the proposed district subject to the standards of the Unified Development Ordnance. Legislative Process The purpose of the hearing is to inform the elected officials of the nature of the proposed action and to allow members of the public to express their views on the matter directly to the decision makers. Ex Parte Communication Communication between the Planning Board, Town Board, applicant and public outside the meeting is allowed. Sworn Testimony Not required. Statement of Required. Must describe how proposal is Reasonableness & consistent or inconsistent with plans and why Consistency decision is or is not reasonable and in the public interest. Notice Within 10 to 25 days of public hearing date: Two legal advertisements in a newspaper of general circulation; Adjacent property owner notices to property owners within 300 feet of the property; Sign posted on property. Conflicts of Interest Planning Board and Town Board members must abstain from vote only if there is a direct, substantial and readily identifiab e financial interest. Public Comment Time limitation can be imposed on public speakers. Vote Simple majority. Findings of Fact Does not require findings of fact. Conditions No conditions can be placed on general zonings or general rezonings.
Town of waxhaw Date Received Planning 8: Community Development '2 I S Q0/ '1??iaiived LT PO Box 617 By Waxhaw, NC28173 704-843-2195 (Phone) 704-243-3276 (Fax) Fee 7? LZ oo5&5 - www.waxhaw.com ZONING CHANGE APPLICATION Application Number: RZ- oodag S <9«Ol@> Date of Application: 1 Z i13'120 I 9 Applicant Information Appncam Name: Joe Dodge for Bishop Peter Jugis Appncam Mam Admess: 1123 S. Church St., Charlotte NC 28203 Applicant Telephone: 7047378215 Peter J. Jugis, Bishop of the Roman Catholic Property Owner Name: Property Owner MamngAddress: (See Below) Diocese of Charlotte 1123 8. Church St., Charlotte NC 28203 Property Owner Telephone: 704 370-3346 Relationship of Applicant to Property Owner: subject Property Information Attorney Pmpeny Location: 8622 Kensington Dr. Waxhaw NC 28271 O6192OO3EUnion County Tax Map and Parcel Number(s): Existing Zoning: R'40 Union County In Flood Area? Requested Zoning District: R'2 Townof Waxhaw Acreage 1'38 Current Use ofland: Surrounding Land Uses: Singie Famiiy Church and Religious Use Comments: The plan is to combine (join) this parcel into the larger parcel that St. Matthew Church is currently located upon. I've attached a Limited Power of Attorney that permits me to sign on behalf of Bishop Jugis. Zoning Change Application 1
No application willbe considered complete unless it has been properly completed and submitted to the Zoning Administrator by the deadline for the Planning Board Meeting. To the best of my knowledge, all of the information herein submitted is accurate and complete. XL /)/% /9~ /F/é (Signatur/e/6f Property Ovéter) (Date) 04% /9" /J:/A Applicant) (Date) (Signanyo/f Allof the information herein required has been submitted by the applicant and is included or attached with this application. i;t.i>e~w9.c3d; (Signature of Zoning Administrator) (Date) ~0l l i Zoning Change Application
TO BE FILLEDOUT BY ZONING ADMINISTRATOR Completed application submitted on: _ I / ; "' Reviewed by Planning Board on: 3 N I3o' Action of Planning Board: &vu<9~2?. tlzc,om,n o- 5D<*5 J -L 5 ~ «5 sgcomv.<.ss-teams. K-2.wk: comma -mm%n~:wsg3 C1 o)- Town Board Public Hearing Held On: Date of Town Board Decision: Action Taken by Town Board: *Newspaper Affidavit should be attached PublicHearing Notice Filed in (Newspaper): _ Date(s) Notices Published: 2 2:3I Z.O_'7 '5l3l'L015 3 ID Z0 rt Noti?cationto adjacent property owners mailed on: 3] 3 [2Dl I Property Posting Date: 3 I3] 7,0 V-1 Zoning Change Application 3
STATE 01- NORTH CAROLINA COUNTY or MECKLENBURG SPECIAL AND LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Peter J. Jugis, Bishop of the Roman Catholic Diocese of Charlotte, NC, and acting as owner of the real property referred to herein, does hereby, authorize, pennit, instruct, allow, encourage, ratify, and promote, Joe F. Dodge, acting General Counsel for the Roman Catholic Diocese of Charlotte,for me and in my name, in my place, in my stead, and in a manner as if I was signing, representing,speaking for, and/or in persona, with full and complete legal authority, force and effect as if I was personallypresent and acting in such capacity, for the followingspeci?c act and procedure,only, to-wit: 1. The?lling out and?ling of the application, attending any necessary hearings, answering any questions regarding the annexation of, acting as owner and representing me as the owner of, with full authority, as to the property commonly known as 8622 KensingtonDr. Waxhaw, NC 28173and legally described as in the attachedexhibit A. 2. This Limited and Special Power of Attorney shall be for the SOLE and LIMITEDpurpose of pursuing annexationof said property into the City of Waxhaw, NC and for NO OTHER purpose. 3. I hereby waive, agree to indemnify and hold harmless any actions arising out of any reliance on this document by any municipalityor public board, including any members, officers, officials,agents and/or employees. IN WITNESS WERBOF, I have hereunto af?xed 2016 in Charlotte, MecklenburgCounty, North Carolina. my signaturethis 9' :day of, +69% '* Zs" Peter J. Jugis, Bis e Roman Catholic Diocese of Charlotte Sworn to and subscribed before me this 9+3day of?ail, 2016. _ Notary Public My Commission Expires: b l/l MyComrrliigri OFHCMLSEAL Notary Public, North Carolina County of Fovsyth LISAD. SA VlS Expireṡ M '
EXHIBIT A BEGINNINGat an old ironin the center lineof KensingtonDrive (StateRoadNumberI305) thesoutheastcomer of the BenjaminGray property describedin DeedBook325 at page 573, UnionCountyRegisterof Deeds,and ntnningthencealongand withthecenter line of KensingtonDriveṆorth CarolinaNorth65 degrees 59 minuteseast150feetto an iron ṣaidiron beinglocatedina westerlydirection621.92feet?'omtheintersectionof thecenter lineof WaxhawMarvinRoad with the center line of KensingtonDrive, if extendedthencenorth23 degrees57 minutes20 seconds West a total distanceof 400 feetto a point, a new comer in the SimonLutherRogersproperty. thencea new linesouth 85 degrees58 minutes54 seconds West l52.34 feet to a point; thence South 24 degrees 17 minutes30 secondseast 400 feet passing an iron inthe western right of way of Kensington Road, to the point and placeof BEGINNINGand containing1.38acres moreor lessperplat andsurvey byjohnr. Yarborough,RLSạndbeinga portionof theproperty describedin DeedBook372at page418 ỤnionCounty Registerof
06192003C 06192003A 061 92001 A 06192765 06192766 06192767 JUGIS PETER J BISHOP OF THE ROMAN UNION COUNTY % PUBLIC WORKS UNION COUNTY BOARD OF EDUCATION THE RYLANDGROUP INC THE RYLAND GROUP INC THE RYLAND GROUP INC CATHOLIC DIOCESE OF CHARLOTTE NC PO BOX 36776 400 N CHURCH ST 500 NORTH MAINST SUITE 700 3600 ARCO CORPORATE DR STE 200 3600 ARCO CORPORATE DR STE 200 3600 ARCO CORPORATE DR STE 200 CHARLOTTE MONROE MONROE CHARLOTTE CHARLOTTE CHARLOTTE NC NC NC NC NC NC 28236 281 12-4804 281 12 28273 28273 28273 8622 Adjoining Property List
Kensington Kensington RZ-005295-2016 Staff Analysis BOC March 14,2017. o' N (1,. *5 WA Zoning Petition RZ-005295-2016 St. Matthew Church Initial Zoning EXPLANATION OF THE REQUEST Petition RZ-005295-2016 is a request by Joe F. Dodge. Esq. on behalf of Peter J. Jugis Bishop of the Roman Catholic Diocese of Charlotte for a general use initial town zoning/ map amendment from Union County R-40 (Single Family), to Waxhaw R-2 (Single Family Residential) on approximately 1.38 acres (Tax Parcel ID number 06-192-003E) located on the northern side of Kensington Drive abutting the existing St. Matthew Church site location. ANNEXATION PROCESS The Board of Commissioners held a public hearing on the proposed annexation on January 10, 2017. The Board of Commissioners unanimously approved the annexation for the St. Matthew Church parcel on January 24, 2017 and the initial zoning process for the site is running within 60 days of the annexation which is in accordance with state statute. LOCATION AND CURRENT LAND USE The property is located on the north side of Kensington Dr. and adjacent to the existing St. Matthew Church property. The property is currently single family residential in use. > Condition and land use of the surrounding properties. The adjoining properties are: 0 To the north and west residential. Place Subdivision zoned R-3 single family 0 To the east - Existing portion of the St. Matthew Church site zoned R-2 single family residential. 0 To the south Elementary School zoned CU-R4-PRD (conditional use single-family planned residential). EXISTING ZONING AND LAND USE The subject property is zoned Union County R-40 (single family residential development). According to article I-X Part 1 Section l35(d) of the Union County Land Use Code:
Intended RZ-005295-2016 Staff Analysis BOC March 14,2017 The R-40 and R-20 districts are the primary residential districts and are designed to accommodate single family residential and planned developments at low to medium densities. The R-40 district is located mainly in areas that are not served by public water or sewer facilities and that are not yet appropriate for development at higher densities. The minimum lot size requirement for parcels located within the R-40 zoning district is 40,000 square foot provided water and sewer is available. If water and sewer is not available, the lots have to exceed 40,000 square feet in order to accommodate wells and septic tanks. The property is currently one single family residential home lot. It was annexed into the Town of Waxhaw on January 24, 2017. 2016 COMPREHENSIVE PLAN / FUTURE LAND USE MAP The Future Land Use Map from the 2016 Comprehensive Plan Policy Bridge shows the property as residential, the sub-designation under G-3 (Intended Growth) Sector. The G-3 Sector and the sub-designation, Residential, are described in the plan as follows: G3 Growth Purpose: This designation is intended to be applied to areas that have ready access to transportation and utility infrastructure that can support larger scale and more intensive urban development patterns. These lands lie along major transportation routes within the Twelve Mile Creek basin where sewer service is either available or nearby as well as land that is either surrounded by or immediately adjacent to more intensive development where the extension of more intensive development into such areas will allow the town to consolidate its boundary and eliminate isolated pockets of undeveloped land within the town. Residential Purpose: This designation provides for a mixture of housing types set in a walkable neighborhood setting. Allowed uses & density: A mixture of housing types, including detached single family, cottage housing, duplexes, townhouses and apartments plus supportive schools, parks and related public facilities. Larger master planned communities may also include centralized neighborhood commercial uses. Permitted densities are 4-8 dwelling units per acre (gross) depending on site characteristics, housing mix, and integration of public bene?t features. The parcel is consistent with the G-3 Intended Growth Sector Residential designation and could be used for public facilities including church uses. PLANNING STAFF ANALYSIS The requested zoning would match the zoning of the adjacent property to the east which is also owned by the St. Matthew Church. The zoning request is in keeping with the Future Land Use Map which shows the property as G-3 intended growth, Residential. The zoning
RZ 005295-2016 Staff Analysis BOC March 14,2017 is consistent with the adjacent parcels which are zoned R-2(single family residential) R-3 (single family residential) and CU R-4 PRD (conditional use single family residential). PLANNING STAFF RECOMMENDATION Staff recommends approval of the proposed initial zoning RZ-005295-2016 based on the Future Land Use Map, and adjacent and abutting parcels on the St. Matthew Church site. This zoning is a general zoning request to R-2 (single family residential), and therefore, no conditions can be placed on the approval. PLANNING BOARD RECOMMENDATION At their Monday, February 20, 2017 regular meeting, the Planning Board voted seven to zero (7-0) to send a favorable recommendation to the Board of Commissioners on RZ- 005295-2016. REQUESTED ACTION A motion to approve petition RZ-005295-2016as presented. Or A motion to deny petition RZ-005295-2016 as presented. REASONABLENESS AND CONSISTENCY STATEMENT Reasonableness and Consistency Statement: The request is consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is reasonable and in the public interest as it will provide an urban scale density consistent with the G-3 intended growth sector, RM residential mixed recommended Future Land Use designation of Intended Growth Sector Mixed Use as recommended by the Waxhaw Comprehensive Plan and Comprehensive Plan Bridge Policy. Or Reasonableness and Consistency Statement: The zoning request is not consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is not reasonable and in the public interest as it (state reasoning)... Submitted By: Lindze Small
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